Before I begin, reflect on the the Tenth Amendment, and Article 1, Section 8 (which :
Amendment X: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
A1, S8, Clause 3: Congress shall be empowered “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”.
Meaning, if it wasn’t listed explicitly in Article I, Section 8, of the U.S. Constitution, it wasn’t of federal authority, but rather that of the States and the people, corresponding with the logic that the masses had far greater access to their local politicians than to a bunch of douche-bags in Washington D.C.
This argument, of course, has been debated back to the days of Thomas Jefferson versus Alexander Hamilton. In this case of ObamaCare, as in that of Hamilton’s call for a national bank, our politicians in Washington are once again usurping the catch-all “Commerce Clause” of Article I, Section 8. At least back then — as George Washington sided with Hamilton over Jefferson — one could reasonably and rationally debate that a federal bank was an implied Congressional power.
So, with that, here are some thoughts:
1. How does the “Commerce Clause” of the Constitution empower Congress to legislate the Internal Revenue Service (IRS) to fine any person who does not purchase a health care plan deeded “acceptable” to the federal government (i.e., unelected federal bureaucrats determine what is an acceptable plan, not the consumer)! According to a Congressional Ways & Means report “Individuals could be fined $2,250 or 2 percent of income, whichever is greater, if you are unable to prove you have ‘minimum essential coverage.’” A note for privacy aficionados: in order to do this the IRS will have unprecedented access to your medical history. And liberals said they were worried about John Ashcroft..?
Indeed, this is warping the Constitution to a whole new level — saying the “Commerce Clause” somehow regulates the act of NOT purchasing something — and literally raping the intent of the Tenth Amendment — to limit the powers of the federal government, at least in lieu of the states.
Just 24 hours after the House’s passage of ObamaCare a dozen different states are preparing lawsuits on this basis alone.
2. Elections Matter! ObamaCare passed by just seven votes.
Woe to any Republican who thought the egregious spending from 2004 to 2008 would not have negative consequences. The public revolted. This includes conservatives, who disengaged from disappointment — don’t let any liberal imply that conservatives were silent or accepting of the George W. Bush spending. A president doesn’t drop to a 20% approval rating without losing at least half of their base (being that we are in essence a polarized 50/50, 49/51, 51/49 electorate for several national elections in a row). This was followed by the electoral death blow — not just losing the presidency, but nominating a fiscal moderate in John McCain, rather than a fiscal conservative who might have rallied some Republican victories in the House — perhaps just seven of them…
Chew on that bitter crow a while.
3. This isn’t a health care bill. It’s a dependency bill. And it’s a jobs bill — federal jobs, that is.
The jobs bill comes by nationalizing one-sixth or one-seventh (depending how you tally it) of the national econ0my. It started with the announcement of hiring an additional 16,500 IRS employees. That’s the tip of the iceberg.
The power grab is in attempting to make every citizen dependent upon the federal government for their health care. Get the middle class on the dole. Even FDR couldn’t do that.
4. Next thought. I’ll let John Stossel explain the law of unintended consequences:
The ban on “discriminating” against anyone with a pre-existing condition. This is popular, and yet one of the most damaging part of the bill. It forbids insurance companies to charge sick people more for insurance. The result: I will wait until I get sick to get insurance. The bill supposedly has a $750 fine for not buying insurance [Page 323.] But that won’t even be enforced [page 336]. Even if I did have to pay a $750 fine, so what? That’s much less than the $20,000 plus that it would cost me to buy insurance for my family. I’d be a fool to buy insurance now.
Soon only sick people will buy insurance, so premiums will skyrocket. Will our politicians see their mistake and fix it? No, they’ll bash “evil” insurance companies. The insurance market is competitive today. Obamacare will reduce competition.
5. Twenty years from now Canadians will no longer need to cross the northern border to America in order to see specialists and get treatment they can’t get without being stuck in an 18-month waiting list back home. Americans might find the Canadian waiting list shorter than their own. (By the way, when I needed a CT, I got one the next day. Our friend’s father in the U.K. is on a months-long waiting list).
As David Gratzer explained in his recent book:
“In Alberta, Canada’s wealthiest province, 50 percent of outpatients waited more than 41 days for an MRI scan in 2008. In Saskatchewan, 10 percent of patients awaiting knee-replacement surgery waited 616 days or longer for care. In Nova Scotia, 50 percent of hip-replacement patients waited 201 days or longer for surgery. Wait times for these and other procedures don’t factor in any wait to get a referral from a family doctor – and more than 4 million Canadians can’t find a family doctor because of a national doctor shortage created by government cutbacks to medical schools in the 1990s. The situation is so dire that some townships hold lotteries, with winners gaining access to a family doc.”
And just so you know it’s not just about waits, quality, or lack thereof, becomes a factor:
“The screening gap: They [Canadians] are more than 15 percent less likely to have ever had a mammogram; 10 percent less likely to have had a Pap smear; 30 percent less likely to have had a PSA test; and more than 20 percent less likely to have ever had a colonoscopy… A broad cancer review of Europe and the United States, published in September 2007 in The Lancet Oncology, considers five-year outcomes. For the 16 types of cancer examined in that paper, American men have a five-year survival rate of 66 percent, compared with only 47 percent for European men. In Europe, only Sweden has an overall survival rate of more than 6o percent. American women have a 63 percent chance of living at least five years after a cancer diagnosis, compared with 56 percent for European women; only five European countries have an overall survival rate of more than 6o percent.”
Coming soon to a health care plan near you — lower cancer survival rates!
6. But at least the Canadian and U.K. health care costs aren’t rising like in the U.S., right? Um… no.
Also from Gratzer:
“The cost of health care in socialized-care countries like France, Canada and Ireland is growing at roughly the same rate as in the United States. Between 2000 and 2006 [the latest data], the OECD [Organisation for Economic Co-operation and Development] average real annual growth rate for health spending was 4.9 percent; the U.S. rate was 4.95 percent. Despite the rationing and central government control, these countries haven’t stopped the trend of rising costs.”
7. So what’s the good news? Any?
Randy Barnett:
“This is big. With the passage of the health care bill – especially the way it was passed – the political landscape of the United States has changed, perhaps forever. And I am not referring to the inevitable growth of statism that has resulted from nationalized health care in Europe. I am referring to a clear demarcation between the parties that was not evident in the last election. If John McCain had been elected, we would have had something like this bill enacted last year in a bipartisan fashion – as was Social Security and Medicare. Such a bill would have been irreversible.
Now the political consciousness of an enormous number Americans is entirely focused on government and the political class. There is a genuinely grassroots “liberty movement” in this country that has not existed in my lifetime – perhaps not in a century or more.”
Even the New York Times concedes:
“Never in modern memory has a major piece of legislation passed without a single Republican vote. Even President Lyndon B. Johnson got just shy of half of Republicans in the House to vote for Medicare in 1965, a piece of legislation that was denounced with many of the same words used to oppose this one.”
This is on Obama and Democrats. Period.
8. Lastly (before dinner), a note on Republican stra-tegery.
I’m all for the “repeal” push, not that it will work, but to keep up awareness and anger, but along with that Republicans better offer some alternatives — from interstate insurance company competition, to tort reform, to individual deductions for health care expenses as businesses do, for starters — and more importantly communicate those ideas.
The only way to counter the inevitable “Party of No” label the mainstream media is sure to offer is to prove that this wasn’t an either-or dilemma — either you keep your existing problematic system, OR, we can nationalize one-seventh of the economy (Um, I’ll pick door #3). Republican latency, unimaginative leaders, and spending enabled the Obama Democrats to their victory yesterday. Never forget that.